Somalia: Rule of Law vs. Rule of Men

Somalia: Rule of Law vs. Rule of Men

Sunatimes.com - "Patriotism means to stand by the country. It does not mean to stand by the president or any other public official, save exactly to the degree in which he himself stands by the country. It is patriotic to support him insofar as h

Sunatimes.com - "Patriotism means to stand by the country. It does not mean to stand by the president or any other public official, save exactly to the degree in which he himself stands by the country. It is patriotic to support him insofar as he efficiently serves the country. It is unpatriotic not to oppose him to the exact extent that by inefficiency or otherwise he fails in his duty to stand by the country. In either event, it is unpatriotic not to tell the truth, whether about the president or anyone else."
~ President Theodore Roosevelt

The issue here is not about Qalbi Dhagax or ONLF but about the "The Supremacy Of Law”.

-- Rule of Law vs. Rule of Men.

Those apologist who are playing the patriotic card and thus want to justify or sway the blame away from those who were responsible in this criminal act are neither patriotic nor do they understand the meaning of the word at all. Their defense is an example of political phrase "USEFUL IDIOTS”, - supporting issue in an emotional based feeling but not understanding the bigger picture or what the core value of the argument is.

For the sake of argument, even if there is an extradition treaty between two countries/states, the accused must go before a court and has the right to challenge the accusation against him by the other country.

The SFG should have followed the extradition process through courts and not whisked him in a box to another country.

They would have been vindicated if they charged him in a court (due process of the law) and extradite him after a Judge ordered so.

The press statement of the SFG (Cabinet) is INSULT added to and INJURY. With all due respect, it shows the caliber and the quality of the majority of the cabinet (I am assuming some of the them, a minority number refused the decision but get along as required when decision is reached).

Let’s not forget, ONLF leadership are in Kenya, Uganda, Sudan, Europe, USA and in Gulf countries. None of those countries will do what our ‘supposed' leadership did to this Somali citizen.

It is time to choose between an emotional and blind support for individuals or supporting the supremacy of the law.

The Federal Republic of Somalia

Provisional Constitution

Adopted August 1, 2012 Mogadishu, Somalia

-Article 8. The People and the Citizenship

(1) The people of the Federal Republic of Somalia are one, indivisible and comprise all the citizens.

(2) There shall be only one Somali citizenship, and the House of the People of the Federal Parliament of Somalia shall enact a special law that shall define how to obtain, suspend, or lose it.

(3) A person who is a Somali citizen cannot be deprived of Somali citizenship, even if they become a citizen of another country.

(4) Denial, suspension, or deprivation of Somali citizenship may not be based on political grounds.

-Article 35. The Rights of the Accused

(1) The accused is presumed innocent until proven guilty in a final manner by a court of law.

(2) Every person arrested or detained has the right to be informed promptly of the reason for their arrest or detention in a language that the person understands.

(3) Every person arrested or detained shall have the right for his or her family and relatives to be informed of his or her situation.

(4) A person may not be compelled to self-incriminate, and a verdict may not be based on evidence acquired by means of coercion.

(5) Every person who is arrested has the right to be brought before a competent court within 48 hours of the arrest.

(6) Every person who is arrested or detained has the right to choose, and to consult with, a legal practitioner and if he or she cannot afford one, the State must appoint a legal practitioner for him or her.

(7) Every person brought before a court of law for an alleged criminal offence is entitled to a fair trial.

(8) The accused has the right to be present at their trial.

(9) The accused has the right to challenge the evidence presented against him or her.

(10) The accused has the right to an interpreter if the accused person does not understand the language being used in the court.

(11) The accused cannot be kept in an illegal detention centre, and must be granted visits by his or her family, doctor or lawyer.

(12) Criminal liability is a personal matter and no person may be convicted of a criminal offence for an act committed by another person.

(13) No person may be convicted of a crime for committing an act that was not an offence at the time it was committed, unless it is a crime against humanity under international law.-

-Article 36. Extradition of the Accused and Criminals

(1) Any person who has been accused or convicted may be extradited only in a manner prescribed by law and on the basis of an international treaty or convention which the Federal Republic of Somalia is party to, and which obliges the Federal State of Somalia to extradite the accused or convicted.

(2) Any accused or convicted person shall be extradited only in accordance with international law and practice, and on the basis of legislation governing extradition, which has been passed by the Federal Parliament.